Legal Definitions - carrying away

Carrying away, also known as asportation, is a fundamental legal concept, particularly in crimes involving theft. It refers to the physical movement of property from one place to another by a person who intends to steal it. This movement, no matter how slight or brief, is a crucial element in establishing that a theft has occurred. It signifies that the perpetrator has gained control over the property, even if only for a moment, and has moved it from its original position. The property does not need to be removed from the owner's premises; merely shifting its position with the intent to steal is often sufficient.

Here are some examples illustrating the concept of "carrying away":

• Retail Theft: Imagine a shopper in a grocery store who takes a package of expensive cheese from a refrigerated shelf, places it into their personal reusable shopping bag, and then walks past the last point of sale without paying. Even if store security stops them just before they exit the store, the act of moving the cheese from the shelf into their bag demonstrates "carrying away." The property was moved from its designated place of sale into the shopper's control with the intent to steal.

• Vehicle Theft Attempt: Consider a situation where an individual breaks into a parked motorcycle, manages to start the engine, and pushes the motorcycle ten feet down the street before it runs out of gas and stalls. Although the motorcycle was not successfully driven away or removed from the immediate area, the act of moving it from its original parking spot, even for a short distance, fulfills the "carrying away" requirement for a theft charge. The perpetrator gained control and moved the property with the intent to permanently deprive the owner of it.

• Workplace Pilfering: A disgruntled employee at an office takes a company-owned laptop from their desk, places it inside their backpack, and walks towards the building's exit. Before they can leave the premises, a supervisor stops them for a routine bag check. The act of moving the laptop from the desk into the backpack, with the intent to steal it, constitutes "carrying away." The property was physically moved from its rightful place of use into the employee's personal possession, demonstrating control and intent to steal.